Partner Benedict Eoon Successfully Reduced A S$1,168,215.74 Award To S$547,712.32 On Appeal In a Personal Injury Claim

Oon & Bazul’s Dispute Resolution team successfully acted for an insurer in appealing against the awarded sum in a personal injury claim – reducing the S$1,168,215.74 award to S$547,712.32.

Background

The Plaintiff filed a personal injury claim against the Defendant after being injured in a road traffic accident (RTA). At the time of the RTA, the Plaintiff was 57 years old and was employed by SAF as a non-uniformed staff officer. The Defendant’s claim was subrogated to the Defendant’s insurer.

At first instance, the Plaintiff was awarded $1,168,215.74 in damages. This included an awarded sum of $1,105,462.18 for loss of income as the Plaintiff’s shoulder injuries allegedly caused the Plaintiff to lose his employment with the SAF.

The Defendant, represented by Partner, Benedict Eoon, successfully appealed against this award, reducing the awarded amount at first instance by more than half.

The Decision

On appeal, the Judge accepted the Defendant’s argument that the Plaintiff had failed to adduce sufficient evidence to prove his loss of earnings from 62 years old to 67 years old.

Amongst other, the Judge found that the Plaintiff was unable to point to evidence from MINDEF or other credible source which would show that the Plaintiff would be re-employed by MINDEF when he turned 62.

Accordingly, the awarded sum of $1,105,462.18 for loss of income was reduced to S$434,958.76.

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